Teen offenders overnighting in police cells becoming ‘routine’, says Tauranga lawyer

A judge forced Oranga Tamariki to find a bed for a 14-year-old who was facing a second night in police cells because nothing was available in a youth justice facility.

Judge Paul Geoghegan found himself “between a rock and a hard place” in finding a solution for the girl this week after she appeared in his court on a raft of charges, involving violence and theft, and was deemed a risk both to herself and others.

There were no beds available in a youth justice residence when she was first arrested, so she spent Wednesday night in the cells in Tauranga.

On Thursday morning, when brought back into Youth Court, her lawyer advised that Oranga Tamariki still hadn’t found a bed for her in a youth residence.

Judge Paul Geoghegan gave NZME permission to report on Youth Court proceedings which revealed the pressures placed on social workers when there aren't beds available in youth justice residences. Photo / Andrew Warner

Judge Geoghegan said he was “frankly shocked” to learn, through submissions made in court, that it was “not unknown for social workers to have to reside with young people ... and also that from time to time, social workers, because of the lack of suitable accommodation, have to spend time sleeping in the [Oranga Tamariki] office”.

The judge, with the support of counsel, then ruled that the girl would be released into Oranga Tamariki custody at the end of the day regardless, and it would be up to the organisation to find a solution.

It was expected that, with the added pressure, a bed would be made available.

The teen’s lawyer, judge, and social workers involved in the case were clear that if Oranga Tamariki didn’t find a bed, it would result in a not-unheard-of outcome.

“It is apparent from the discussion I have had with [the social workers] that in the absence of that [bed], there would be a situation where [the social worker] may have to live, albeit temporarily with [the 14-year-old], in motel accommodation,” Judge Geoghegan said.

He said that to say this was unsatisfactory was “an understatement”.

‘They don’t have the facilities’

The teen’s lawyer, Rachael Adams, told NZME yesterday that a bed had been made available but it was in Palmerston North and the girl had to be flown there on Thursday afternoon.

Adams said it wasn’t the first time she’d seen a judge force Oranga Tamariki’s hand.

“The judge, having the courage to just place her in Oranga Tamariki custody, [the expectation was] they would be responsible and they would take responsibility. And in fact, they found her a bed.”

In her view, if the judge hadn’t made the order, Oranga Tamariki would not have acted, and the girl would have spent further nights in the cells.

She didn’t know how a bed was made available, but thought it likely had involved moving a lower-risk resident to a community-monitored, supervised placement.

This had its own issues in terms of young people being moved around the country and away from their support networks.

Adams said the fundamental issue seemed to be that Oranga Tamariki did not have the resources, specifically the number of beds, to carry out its core duties.

“It’s not that OT are being deliberately obtuse or difficult. They just don’t have the facilities, and you have to put that sort of pressure on them to make them make the facilities.”

As for the fallback solution of a social worker left with a young person in their direct care, she said it was “appalling”.

“A social worker ... rather than go home to her children, would have to spend the night in an Oranga Tamariki office on a camp stretcher, watching and being responsible for a distressed, violent and unsafe young woman ... what a terrible demand to put on a social worker.”

She said young people being held in police cells was an issue for their safety and mental health.

Yet it had become so “routine” to see them spend at least one night in the cells that not much fuss was made about it.

A second night for a young woman was less common, but “hardly unknown”.

Because there was such a risk to the young person while in custody, police would keep them under constant observation, with lights on and no privacy, she said.

At a youth residence, which was more like a secure boarding school, young people had a room with proper bedding, and mental health support.

“They can turn the lights off at night ... there is a very good staff-to-young person ratio so that they’re observed, but they’re not in a perspex-walled cell being watched like a goldfish in a bowl.”

However, Adams had no doubt that, politically, it was not popular to pour resources into youth justice residences, even though more beds were needed.

“Nobody wants another youth justice residence built in their neighbourhood,” she said.

Oranga Tamariki’s national director youth justice services and residential care Iain Chapman said when a young person was arrested and in Police custody, they tried to find an alternative placement as soon as possible.

“Occasionally” there were challenges with how quickly this happened.

“If an admission request becomes urgent, this is escalated to senior leadership, to ensure that there is constant review and the team are exploring all possible placement options throughout the day,” Chapman said.

There were 183 beds in secure residences, and 89 beds available in community homes (including care and protection, remand and bail homes).

Each had a “safe operating capacity”, meaning capacity could be less than the total number of beds in the youth justice residence.

Motels were used for a placement only as an absolute last resort.

Oranga Tamariki said it couldn’t comment on specific cases without a privacy waiver, and didn’t clarify when or how often social workers were staying overnight in its offices with young people.

Minister for Children Karen Chhour said she wasn’t able to provide comment ahead of publication as she was travelling.

This story involved Youth Court proceedings subject to statutory suppression orders. NZME was given permission by Judge Geoghegan to report aspects of the proceedings in the interest of open justice.

Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at Newstalk ZB.